Is there any case law that supports the argument that hearsay evidence in an affidavit is hearsay?
Ontario, Canada
The following excerpt is from PSB Equity Inc. v. Kutner, 2009 CanLII 29206 (ON SC):
In Nicholas v. Anderson, for example, Blair J. states at para. 32: There is ample authority for the proposition that the court ought not to give effect to hearsay evidence in affidavits where the affidavit does not disclose the source of the information and the belief in its truth. Indeed, if the irregularity is challenged, the court is precluded from waiving it…
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